Identity theft is a white-collar crime since it is an illegal act that does not have any physical harm to a person. It is also a wobbler offense in Burbank, which can be a misdemeanor or felony. Additionally, it can be prosecuted on a state or federal level.
The consequences of a conviction are dire. These charges are severe, and you will spend decades in jail with steep fines that will take years to pay. You need an identity theft lawyer in Burbank from the Simmrin Law Group on your side.
Build a Solid Defense
You must move quickly to create a solid defense as the prosecution works double time to find additional charges that can increase your sentence. Identity theft, in broad terms, is the use of another person’s private information criminally or illegally. A typical example is using a person’s social security number to take out a loan, as most people understand that using an SSN is illegal.
A less common occurrence of identity theft is signing someone else’s name on a document; when you sign another person’s name on a document, you are impersonating them, and it is a form of identity theft in Burbank. You need an experienced Burbank identity theft lawyer to help keep you from the harsh penalties of these convictions.
State Identity Theft Charges
At the state level, many identity theft cases are minor misuses or refer to the misuse of basic information. You might have access to a person’s date of birth and address and face a state-level charge. Financial information like bank account numbers and others are also on state-level offense.
Criminal charges can result when using another person’s social security number, driver’s license number, or employee and school ID.
Since identity theft is so prevalent, many local law enforcement agencies have departments that primarily focus on handling these cases. They will spend excess time looking for evidence, but not all of it is admissible at trial. It is vital to have a defense team that can suppress evidence that the state officials found unconstitutionally.
Convictions on the State Level
There are many intricacies to the charges you can face, and we do not list them all here. When you face a conviction on the state level, you will face one year in jail and a $1,000 fine for a misdemeanor. A felony conviction has steeper penalties of up to $10,000 and incineration in state prison for up to three years.
Several details will determine if you will face felony or misdemeanor charges.
The prosecutor will look at your criminal record and the severity of the offense to decide how to charge you. They will also search for related crimes to increase the severity of the charges. The state will consider the harm inflicted on the victim and how much money was allegedly stolen.
Federal Identity Theft Cases
A federal identity theft case is much more complex than a state case. Federal officials will determine whether to charge you at a federal level depending on the allegations against you. The most common instances where a federal court will step in and pursue charges are when the defendant crosses a state or national brother or involves the United States government.
The internet and cyber crimes also impact the decision for the federal court to step in. The internet offers an array of access to information that was not so easily accessible previously. It is easy to obtain information from one person in another state through the internet.
So, while the information is basic, like a name or phone number, since it is obtained in a different state, it is a federal offense.
Federal Penalties for Identity Theft
Federal offenses have the toughest penalties regardless of the conviction and type of identity theft. Fines begin at a minimum of $5,000 plus restitution to the victim. Prison for a federal offense is up to 30 years.
The conviction and charges can substantially increase when the stolen information is used to violate immigration laws, take social security benefits or commit domestic terrorism. Federal charges are life-changing and challenging to walk away from. You must discuss your defense strategy with a Burbank identity theft attorney immediately.
The federal government has many resources. You need substantial resources to lower your chances of going to federal prison and spending the rest of your life paying for a crime you did not commit. When the federal court takes an interest in your case, they do not want to be proven wrong and will do whatever it takes to get a conviction.
How an Identity Theft Attorney in Burbank Can Help Your Case
The first and most vital line of criminal defense in an identity theft case is hiring a Burbank identity theft lawyer. We must move quickly to take action against the prosecution and find evidence proving your innocence. We will work to block or suppress evidence against you that is misleading or untrue.
Our firm will also work to reduce the charges against you depending on the evidence the prosecution has. Bail will be vital to you continuing your life, and we will attend and defend you during a bail healing. Most importantly, an identity theft lawyer in Burbank will fight for you in court and answer your legal questions throughout the process.
You need to move quickly, as critical evidence can be hard to come by after an extended period. Do not trust the state will do the right thing and find you innocent. They only wish to convict you even if there is the possibility that you did not commit any crime.
You Have Options Available with the Simmrin Law Group
Facing a state or federal identity theft charge is scary, and it can alter the course of your life. You will spend time in a state or federal prison, lose your job, be in debt, and your reputation will suffer. Our attorneys know how the legal system works in these cases and are ready to fight for your freedom.
Our Burbank identity theft lawyers will work toward an acquittal or case dismissal. We will look at lower charges or a plea agreement, depending on your circumstances. The Simmrin Law Group is here to guide you through the legal minefield that is identity theft.